Subchapter C. WASTE OIL GENERATORS
Sec.
298.20. Applicability.
298.21. Hazardous waste mixing.
298.22. Waste oil storage.
298.23. Onsite burning in space heaters.
298.24. Offsite shipments.
298.25. Source reduction strategy.
298.26. Biennial report.
Cross References This subchapter cited in 25 Pa. Code § 270a.60 (relating to permits-by-rule); 25 Pa. Code § 298.1 (relating to definitions); 25 Pa. Code § 298.30 (relating to waste oil collection centers); 25 Pa. Code § 298.40 (relating to applicability); 25 Pa. Code § 298.50 (relating to applicability); 25 Pa. Code § 298.60 (relating to applicability); and 25 Pa. Code § 298.70 (relating to applicability).
§ 298.20. Applicability.
(a) General. Except as provided in paragraphs (1)—(4), this subchapter applies to a waste oil generator. A waste oil generator is a person, by site, whose act or process produces waste oil or whose act first causes waste oil to become subject to regulation.
(1) Household “do-it-yourselfer” waste oil generators. A household “do-it yourselfer” waste oil generator is not subject to this chapter.
(2) Vessels. A vessel at sea or at port is not subject to this subchapter. For purposes of this subchapter, waste oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the person removing or accepting waste oil from the vessel are cogenerators of the waste oil and are both responsible for managing the waste in compliance with this subchapter once the waste oil is transported ashore. The cogenerators may decide among them which party will fulfill the requirements of this subchapter.
(3) Diesel fuel. A mixture of waste oil and diesel fuel mixed by the generator of the waste oil for use in the generator’s own vehicles is not subject to this chapter once the waste oil and diesel fuel have been mixed. Prior to mixing, the waste oil fuel is subject to this subchapter.
(4) Farmers. A farmer who generates an average of 25 gallons per month or less of waste oil from vehicles or machinery used on the farm in a calendar year is not subject to this chapter.
(b) Other applicable provisions. A waste oil generator who conducts the following activities is subject to the requirements of other applicable provisions of this chapter and other chapters as indicated in paragraphs (1)—(8):
(1) A waste oil generator who transports waste oil, except under the self-transport provisions of § 298.24(1) and (2) (relating to offsite shipments), shall also comply with Subchapter E (relating to waste oil transporter and transfer facilities).
(2) Except as provided in paragraphs (3) and (4), a waste oil generator who processes or rerefines waste oil shall also comply with Subchapter F (relating to waste oil processing/refining facilities).
(3) A waste oil generator who performs the following activities is deemed to have a solid waste management permit-by-rule for the captive processing of waste oil provided that the waste oil is not being sent offsite to a burner of on-specification or off-specification waste oil fuel and provided that the generator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility. The Department may require a generator, who is conducting one of the activities in subparagraphs (i)—(iv) under a permit-by-rule, to apply for, and obtain, a permit in accordance with Chapters 287 and 297 (relating to residual waste management—general provisions; incinerators and other processing facilities), or take other appropriate action, when the generator is not in compliance with the requirements for the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(i) Filtering, cleaning or otherwise reconditioning waste oil before it is reused by the generator. The generator shall also meet the following requirements:
(A) Remaining waste is managed under the act.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(ii) Separating waste oil from wastewater generated onsite to make the wastewater acceptable for discharge or shipment offsite. For this activity to be authorized by a permit-by-rule, the generator shall also meet the following requirements:
(A) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(B) The facility has an NPDES permit, if required, and complies with the conditions of that permit.
(C) The facility meets the requirements of 40 CFR 264.11, 264.14, 264.15, 264.73, 264.75 and 264.77 all of which are incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference).
(D) The generator shall maintain, in a readily accessible place at the facility, a copy of a preparedness prevention and contingency (PPC) plan that is consistent with the Department’s most recent guidelines for development and implementation of PPC plans.
(iii) Draining or otherwise removing waste oil from materials containing or otherwise contaminated with waste oil to remove excessive oil to the extent possible under § 298.10(c) (relating to applicability). For this activity to be authorized by a permit-by-rule, the generator shall also meet the following requirements:
(A) Waste remaining from the filter process is managed under the act.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(iv) Filtering, separating or otherwise reconditioning waste oil before burning it in a space heater under § 298.23 (relating to onsite burning in space heaters). For this activity to be authorized by a permit-by-rule, the generator shall also meet the following requirements:
(A) Waste remaining from the filter process is managed under the act.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(4) A waste oil generator is not a processor when it is using oil mist collectors to remove small droplets of waste oil from in-plant air to make plant air suitable for continued recirculation. For this exemption to be applicable, the waste oil so generated is not being sent offsite to a burner of on- or off-specification waste oil fuel.
(5) A waste oil generator who burns off-specification waste oil for energy recovery, except under the onsite space heater provisions of § 298.23, shall also comply with Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy recovery).
(6) A waste oil generator who directs shipments of off-specification waste oil from its facility to a waste oil burner, or first claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11 (relating to waste oil specifications) shall also comply with Subchapter H (relating to waste oil fuel marketers).
(7) A waste oil generator shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste management; and residual waste management).
(8) A material managed in accordance with this section and that is not burned for energy recovery or used in a manner constituting disposal may not be subject to regulation under this title if the Department determines that the material is no longer a waste in accordance with § 287.7 (relating to determination that a material is no longer a waste).
(c) Recordkeeping. The generator is required to maintain, for 3 years, the following records:
(1) The type of oil used.
(2) A description of the process that generates the waste oil.
(3) A record of the tests used to determine if the waste oil contains more than 1,000 parts per million total halogens.
(4) A record of the information used to rebut the presumption in § 298.10(b)(1)(ii) if the waste oil contains more than 1,000 parts per million total halogens.
(5) The type and quantity of any hazardous waste generated and the analyses of hazardous waste characteristics for any mixtures of hazardous waste with waste oil.
§ 298.21. Hazardous waste mixing.
(a) A mixture of waste oil and hazardous waste shall be managed in accordance with § 298.10(b) (relating to applicability).
(b) The rebuttable presumption for waste oil of § 298.10(b)(1)(ii) applies to waste oil managed by generators. Under the rebuttable presumption for waste oil of § 298.10(b)(1)(ii), waste oil containing greater than 1,000 parts per million total halogens is presumed to be a hazardous waste and shall be managed as hazardous waste and not as waste oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils/fluids and certain waste oils removed from refrigeration units, as provided for in § 298.10(b)(1)(ii)(A) and (B).
(c) A generator shall perform a hazardous waste determination on any hazardous waste generated prior to mixing with waste oil and on the resultant mixture.
(d) If a generator rebuts the presumption in accordance with § 298.10(b)(1)(ii), the generator shall provide all information used to rebut the presumption to the transporter.
§ 298.22. Waste oil storage.
(a) Storage units. A waste oil generator may not store waste oil in units other than tanks, containers or units subject to regulation under Chapter 264a or 265a (relating to owners and operators of hazardous waste treatment, storage and disposal facilities; and interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
(b) Condition of units. A container or aboveground storage tank used to store waste oil at generator facilities shall meet the following requirements:
(1) Be in good condition. For example, containers and aboveground storage tanks may not exhibit severe rusting, apparent structural defects or deterioration.
(2) Not leaking (no visible leaks).
(c) Labels.
(1) Except as provided in paragraphs (2) and (3), a container or aboveground storage tank used to store waste oil at generator facilities shall be labeled or marked clearly with the words “waste oil” by no later than December 2, 2001.
(2) Containers or aboveground storage tanks which are labeled or marked with the words “used oil” on June 2, 2001, shall be labeled or marked with the words “waste oil” by no later than June 2, 2003.
(3) Containers used in transportation may be labeled or marked with the words “used oil,” instead of “waste oil,” or the words required by a receiving state if the containers and vehicles are destined for recycling or disposal outside of this Commonwealth. If a person accepts waste oil from or delivers waste oil to a generator, transfer facility, or processor/rerefiner in this Commonwealth in a container used in transportation, paragraph (1) or (2) shall be met.
(4) Fill pipes used to transfer waste oil into underground storage tanks at generator facilities shall be labeled or marked clearly with the words “waste oil” by no later than December 2, 2001. Fill pipes which are labeled or marked with the words “used oil” on June 2, 2001, shall be labeled or marked with the words “waste oil” by no later than June 2, 2003.
(d) Additional requirements for storage tanks. Storage tanks used to store waste oil shall be designed and operated in accordance with § 299.122(b) and (c) (relating to storage tanks). For existing aboveground storage tanks, an alternative design to secondary containment may be demonstrated where the tank meets the ground.
(e) Additional requirements for containers. The total container height of a group of containers may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which ensures access for purposes of inspection, containment and remedial action with emergency vehicles and equipment.
(f) Response to releases. Upon detection of a release of waste oil to the environment not subject to Chapter 245, Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) which has occurred after June 2, 2001, a generator shall perform the following cleanup steps:
(1) Stop the release.
(2) Contain the released waste oil.
(3) Clean up and manage properly the released waste oil and other materials.
(4) Repair or replace any leaking waste oil storage containers or tanks prior to returning them to service, if necessary.
(g) Additional requirements. In addition to the requirements of this subchapter, a waste oil generator shall maintain, in a readily accessible place at the facility, a copy of a preparedness, prevention and contingency (PPC) plan that is consistent with the Department’s most recent guidelines for development and implementation of PPC plans. Waste oil generators are subject to the applicable spill prevention, control and countermeasures (40 CFR Part 112 (relating to oil pollution prevention)) in addition to the requirements of this subchapter. Waste oil generators are also subject to the underground storage tank standards in Chapter 245 (relating to administration of the storage tank and spill prevention program) for waste oil stored in underground storage tanks whether or not the waste oil exhibits any characteristics of hazardous waste.
§ 298.23. Onsite burning in space heaters.
A generator is deemed to have a solid waste management permit-by-rule to burn waste oil in waste oil-fired space heaters if the following apply:
(1) The heater burns only waste oil that the owner or operator generates or waste oil received from household do-it-yourselfer waste oil generators.
(2) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour.
(3) The combustion gases from the heater are vented to the ambient air.
Cross References This section cited in 25 Pa. Code § 298.12 (relating to prohibitions); 25 Pa. Code § 298.20 (relating to applicability); 25 Pa. Code § 298.50 (relating to applicability); 25 Pa. Code § 298.60 (relating to applicability); and 25 Pa. Code § 298.61 (relating to restrictions on burning).
§ 298.24. Offsite shipments.
Except as provided in paragraphs (1)—(3), a generator shall ensure that waste oil is transported only by transporters who have obtained identification numbers. The generator shall provide the transporter with a certification that, except as provided for in § 298.10(b)(2)(ii) (relating to applicability), its waste oil has not been mixed with a hazardous waste.
(1) Self-transportation of small amounts to approved collection centers. Generators may transport, without an identification number, waste oil that is generated at the generator’s site and waste oil collected from household do-it-yourselfers to a waste oil collection center if the following apply:
(i) The generator transports the waste oil in a vehicle owned by the generator or owned by an employe of the generator.
(ii) The generator transports no more than 55 gallons of waste oil at any time.
(iii) The generator transports the waste oil to a waste oil collection center that is one of the following:
(A) Operated in accordance with the requirements of Subchapter D (relating to waste oil collection centers and aggregation points) if the facility is located within this Commonwealth.
(B) Registered, licensed, permitted or recognized by a state/county/municipal government to manage waste oil if the facility is located outside this Commonwealth.
(iv) The generator shall provide the waste oil collection center with a certification that except as provided for in § 298.10(b)(2)(ii), the generator has not mixed its waste oil with hazardous waste.
(2) Self-transportation of small amounts to aggregation points owned by the generator. A generator may transport, without an identification number, waste oil that is generated at the generator’s site to an aggregation point if the following apply:
(i) The generator transports the waste oil in a vehicle owned by the generator or owned by an employee of the generator.
(ii) The generator transports no more than 55 gallons of waste oil at any time.
(iii) The generator transports the waste oil to an aggregation point that is owned or operated, or both, by the same generator.
(3) Tolling arrangements. A waste oil generator may arrange for waste oil to be transported by a transporter without an identification number if the waste oil is reclaimed under a contractual agreement under which reclaimed oil is returned by the waste oil processor/rerefiner to the generator for use as a lubricant, cutting oil or coolant. The contract, known as a tolling arrangement, shall indicate the following:
(i) The type of waste oil and the frequency of shipments.
(ii) The vehicle used to transport the waste oil to the waste oil processing/rerefining facility and to deliver recycled waste oil back to the generator is owned and operated by the waste oil processor/rerefiner.
(iii) Reclaimed oil will be returned to the generator.
Cross References This section cited in 25 Pa. Code § 298.1 (relating to definitions); 25 Pa. Code § 298.10 (relating to applicability); 25 Pa. Code § 298.20 (relating to applicability); 25 Pa. Code § 298.30 (relating to waste oil collection centers); 25 Pa. Code § 298.31 (relating to waste oil aggregation points owned by the generator); 25 Pa. Code § 298.40 (relating to applicability); 25 Pa. Code § 298.44 (relating to rebuttable presumption for waste oil and flash point screening); 25 Pa. Code § 298.50 (relating to applicability); and 25 Pa. Code § 298.63 (relating to rebuttable presumption for waste oil).
§ 298.25. Source reduction strategy.
A waste oil generator subject to this subchapter shall prepare a source reduction strategy in accordance with § § 287.51, 287.53 and 287.54 (relating to scope; source reduction strategy; and chemical analysis of waste).
§ 298.26. Biennial report.
By March 1 of each odd numbered year a waste oil generator subject to this subchapter shall file a biennial report with the Department in accordance with § § 287.51, 287.52 and 287.55 (relating to scope; biennial report; and retained recordkeeping).
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